However, there are exceptions to this one year rule. INA Sec. 208(a)(2)(D); 8 C.F.R. 208.4(a). Should an exception apply, then the applicant is entitled to a full adjudication of his/her asylum application. These exceptions include changed circumstances and/or extraordinary circumstances.
Changed circumstances can include changed conditions in the applicant's country of nationality, changes in applicable U.S. law, changes in the applicant's personal circumstances, as well as others. Please note: this list if not exhaustive. General consideration will be taken as to whether the applicant reasonably applied based on these circumstances. Extraordinary exceptions can include serious illness or mental/physical disability, including any effects of persecution or violent harm suffered in the past, death or serious illness of applicant's legal representative or a member of applicant's immediate family, or a legal disability. This circumstance must have inhibited the applicant from properly applying for asylum within the one year time limit. Further, the applicant must take reasonable steps to promptly apply as soon as this circumstance is no longer a hindrance in his/her life.
PLEASE NOTE: The one year filing deadline does not apply to unaccompanied minors per the Trafficking Victims Protection Reauthorization Act of 2008 ("TVPRA.") INA Sec. 208(a)(2)(E); TVPRA, P.L. 110-457, Sec. 235(d)(7)(A).